CODE
18-77
pa.
23/4
CONFIDENTIAL
Reference
14
Rey (174
B. clause 2(2)
I have advised on this orally. We are now all agreed that a BDTC. status is not extinguished by the grant of British cityjurship and Should be retained. Pf. 11. ir
Mr Fifoo
Fifoot, Legal Advisers
Hray 340/4
нко
HONG KONG BILL: PROVISION FOR AUTOMATIC LABECEIVED BOTO STATUS
ON RECEIPT OF BRITISH CITIZENSHIP
23 MAY 1990
DESK OFFICER
1. You will recall I mentioned that HKG
UNDER DEN STRY the PA team during our recent visit to Hong Kong
Took into +Action: Taken question of whether BDTC status would automatically lapse when a successful candidate qualified for citizenship under the proposed package. This was in order to avoid contravening the British memorandum associated with the Joint Declaration which refers to BDTCs being eligible to retain a status which does not confer right of abode in the UK.
2. Home Office Legal Advisers take the view that such lapse is not automatic under present law and that it will be necessary to include a provision in the Bill to cater for this. Mrs Grimsey, Head of the Bill Team, has suggested to me that such a provision would be likely to attract attention in Parliament and that we would be bound to explain the reason for its inclusion. From the Chinese point of view this explanation might sit rather oddly with what we have been saying to them about four reasons for
-L choosing citizenship over entry clearance: ie that giving right of abode to BDTCs would breach the British memorandum whereas giving them British citizenship would not* In effect we would be seen to be having to take legal action in order to make our justification true.
3. This matter has so far not been brought to Ministers attention. In considering how to brief them on whether or not to incorporate such a provision, Mrs Grimsey has asked for a Foreign Office view on the above points. grateful for your views.
I would be
Jamania
J Morris
Hong Kong Department
13 March 1990
CC:
Mr McLaren
Mr Paul
Ms Major
This begs Re question of whether
use
this
argument
we should
wite the cúmmer in
explaining the pucilage to them.)
MTHAQH
CONFIDENTIAL